Senate Study Bill 1057 - IntroducedA Bill ForAn Act 1relating to a weigh station preclearance program and
2associated systems and devices for use by commercial motor
3vehicles.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  NEW SECTION.  321.465A  Weigh station preclearance
2program — authorized devices.
   31.  The department may administer a weigh station
4preclearance program in accordance with the commercial vehicle
5information systems and networks electronic screening truck
6inspection and weigh station preclearance standards authorized
7by the federal motor carrier safety administration of the
8United States department of transportation. If the department
9administers a preclearance program, the department shall
10determine which weigh stations shall participate in the
11preclearance program and all preclearance system providers’
12devices and platforms shall be treated equally and used
13concurrently at participating weigh stations in accordance with
14this section.
   152.  The department shall set the criteria for the
16preclearance program and such criteria shall be applied
17equally to all preclearance systems, devices, and platforms.
18Such criteria may include but is not limited to information
19regarding safety history, weight, and credential status.
   203.  For purposes of the preclearance program, a commercial
21mobile radio services network device or a dedicated short-range
22communications device may be used as a transponder, provided
23all of the following conditions are met:
   24a.  All software and hardware from the provider of the system
25within which the device operates that is necessary for the
26department’s use of the provider’s system is made available to
27the department at no cost to the department, and the provider
28is responsible, either individually or collectively with other
29system providers, as applicable, for all costs of operating and
30maintaining the software and hardware.
   31b.  The device software and hardware, as applicable,
32meets the requirements of the federal motor carrier safety
33administration for core compliance with the commercial vehicle
34information systems and networks electronic screening truck
35inspection and weigh station preclearance standards.
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   1c.  All in-vehicle equipment is operated in compliance with
2sections 321.276 and 321.449B, and applicable federal law and
3regulations relating to distracted driving.
   4d.  The system within which the device operates is capable of
5interfacing with applicable weigh-in-motion systems.
   64.  The department shall be considered the owner of any data
7provided by the preclearance system or platform providers as
8part of the preclearance program or weigh-in-motion system.
9If required for preclearance services, real-time data from
10weigh-in-motion systems shall not be considered proprietary.
11Existing and future weigh-in-motion systems provided to or
12procured by the department, whether gifted or purchased at or
13below market rates, and associated weigh-in-motion data shall
14be accessible by preclearance system providers as needed to
15obtain real-time weight data for vehicles participating in a
16provider’s respective preclearance system.
   175.  The department may adopt rules pursuant to chapter 17A to
18administer this section. The rules adopted by the department
19may include authorizations for particular devices that meet
20the requirements of subsection 3 for use in the preclearance
21program.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
   25This bill allows the department of transportation (DOT) to
26administer a weigh station preclearance program in accordance
27with the commercial vehicle information systems and networks
28(CVISN) electronic screening truck inspection and weigh
29station preclearance standards authorized by the federal motor
30carrier safety administration (FMCSA) of the U.S. department
31of transportation.
   32If the DOT administers a preclearance program, the bill
33requires the DOT to determine which weigh stations shall
34participate in the preclearance program and all preclearance
35system providers’ devices and platforms shall be treated
-2-1equally and used concurrently at participating weigh stations.
   2The bill requires the DOT to set the criteria for the
3preclearance program and such criteria shall be applied equally
4to all preclearance systems, devices, and platforms. Such
5criteria may include but is not limited to safety history,
6weight, and credential status.
   7For the purpose of the preclearance program, the bill
8authorizes all commercial mobile radio services network devices
9and dedicated short-range communications devices to be used
10as transponders so long as all software and hardware from the
11provider of the system within which the device operates that is
12necessary for the DOT’s use of the provider’s system is made
13available to the DOT at no cost to the DOT, the preclearance
14device software and hardware meets the requirements of the
15FMCSA for core compliance with the CVISN electronic screening
16truck inspection and weigh station preclearance standards,
17all in-vehicle equipment is operated in compliance with
18Iowa law and applicable federal law and regulations relating
19to distracted driving, and the system within which the
20device operates is capable of interacting with applicable
21weigh-in-motion systems.
   22The DOT is the owner of any data provided by the preclearance
23system or platform providers as part of the preclearance or
24weigh-in-motion system. If required for preclearance services,
25real-time data from weigh-in-motion systems shall not be
26considered proprietary. All weigh-in-motion systems provided
27to or procured by the DOT, whether gifted or purchased at or
28below market rates, and associated weigh-in-motion data shall
29be accessible by preclearance system providers as needed to
30obtain real-time weight data for vehicles participating in a
31provider’s respective preclearance program.
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th/ns